positive (acquisitive) prescription – acquisition of title to a thing by open and continuous possession over a statutory period

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1. The acquisition of title to a thing (especially an intangible thing such as the use of real property) by open and continuous possession over a statutory period. — aka positive prescription; acquisitive prescription.  [1]

1. (Civil law) The Roman usucapio, which is the acquisiion of property, real or personal, immovable or movable, by the continued possession of the acquirer for such a time as is described by the law to be sufficient. Townsend v Jemison (US) 9 How 401, 417, 13 L Ed 194, 198. [2]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931


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